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| Terms and Conditions of SalePlease read this document carefully ! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases by Home, Home Office, and Small Business customers from the Japanpa entity named on the invoice ( "Japanpa" ) that will be provided to you ( "Customer" ) on orders for video game accessories/games and/or related products sold from Japan. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from Japanpa. By using Japanpa's Site and submitting orders to Japanpa's systems, Customer agrees to be bound by and accepts these terms and conditions.
These terms and conditions apply (a) unless the customer has signed a separate formal purchase agreement with Japanpa, In wich case the separate agreement shall govern ; or (b) unless other Japanpa standart terms apply to the transaction.
These terms and conditions are subject to change without prior written notice at any time, in Japanpa's sole discretion.
Other Documents: Other than as specifically provided in any separate formal purchase agreement between Customer and Japanpa, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Japanpa.
Governing Law: THE PURCHASE OF ITEM(S) THROUGH OUR WEBSITE SHALL BE DEEMED TO BE A CONTRACT MADE UNDER JAPAN LAW AND GOVERNED BY THE LAWS OF JAPAN. THE CUSTOMER AGREES TO SUBMIT TO THE JURISDICTION OF THE JAPAN COURTS AND TO ABIDE BY ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Japanpa'S SITE SHALL BE DEEMED TO BE A CONTRACT MADE UNDER JAPAN LAW AND GOVERNED BY THE LAWS OF JAPAN. THE CUSTOMER AGREES TO SUBMIT TO THE JURISDICTION OF THE JAPAN COURTS AND TO ABIDE BY ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
Payment Terms; Orders; Quotes; Interest: Terms of payment are within Japanpa's sole discretion, and unless otherwise agreed to by Japanpa, payment must be received by Japanpa prior to Japanpa's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Japanpa. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Japanpa may invoice parts of an order separately. Orders are not binding upon Japanpa until accepted by Japanpa. Any quotations given by Japanpa will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping Charges; Taxes: The prices of the item(s) ordered are displayed at Japanpa's Site and in Customers shopping cart, and are quoted in Euro ("Euro"), next to another local currency (depending on the selected region site). The prices displayed exclude any form of taxes. All taxes and custom duties which may incurred in the process of shipment at the destination country shall be bear by the Customer. The delivery charges payable shall be calculated in Customers shopping cart. Japanpa uses third parties for the delivery of the items. Items will be delivered to address provided by the Customer. Whilst Japanpa takes all efforts to procure the expeditious delivery of the items to the Customer, Japanpa does not represent or warrant that the items will be delivered to the Customer within the time frames quoted on our Site. The delivery time frames specified in Customers shopping cart are indicative only and shall not be an obligation on us or the carrier. If the Customer fails to take delivery of the items or fails to enable Japanpa or the carrier to make delivery (whether by refusal or failure to provide any or proper instructions, authorization, information, payment etc), delivery shall be deemed to have take place upon the carrier or Japanpa giving notice to the Customer of such delivery whereupon risk in the items shall pass immediately to the Customer. The Customer shall reimburse Japanpa all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by us as a result of your failure or refusal to take physical delivery.
Risk of Loss/theft : Title to products passes from Japanpa to Customer on shipment from Japanpa's facility. Loss or damage that occurs during shipping by a carrier selected by Japanpa is Japanpa's responsibility. Loss or damage that occurs during shipping by a carrier (EMS Speedpost or Airmail) selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s). Japanpa does not provide any refund/exchange for loss or theft by a carrier.
Warranties: Japanpa does not manufacture any of the sold item(s), but in fact sources them from various suppliers and manufacturers for your convenience and cost-effectiveness. As such, Japanpa does not make representations or warranties of any kind in relation to the item(s). All warranties and representations, whether express or implied (including warranties as to merchantability and fitness for purpose) are hereby excluded. However, Japanpa will pass on the manufacturer's or the supplier's warranty to the Customer, where available. Where the item(s) come with the manufacturer's warranty, Japanpa recommends the Customer to take the time to review the terms of the warranty closely so that the Customer knows exactly the level of coverage that is offered.
Return Policies; Exchanges; Refunds: Japanpa understands that in various cases after purchasing an item, not all Customers may be completely happy with their goods. Japanpa regrets to inform the Customers that Japanpa does not allow any return or exchange once the item(s) have been deemed to be delivered to you due to the nature of the item(s) sold on the website unless defects due to manufacturing is reported within 7 days after receipt of the item(s) by the Customer. If Japanpa makes an error and ships the wrong product, Japanpa will replace it with the correct item if the product is in its original packaging. Which means that the product must be unopened. If the product is opened Japanpa may buy back the product if it is in mint condition. If the correct item is temporarily out of stock, Japanpa will fill the order when the item returns to stock. If Japanpa cannot fill the order at any time, a store credit or refund will be authorized at the Customers request. The Customer is responsible for shipping costs of all returns. Software (PC + console games)returns are unaccepted. Defective software may be returned for exchange with the same product only. The products must be returned in the original packaging with all accessories and manuals included. Any discrepancies could result in a delay or partial forfeiture. There will be a re-boxing fee in Japanpa's sole discretion for products not returned in the original manufacturer's packaging. If part of a product becomes defective, the full product must be returned. Due to limited stock, replacement product may not be available and cannot be guaranteed. After the return period, products will be covered by the manufacturer's warranty as applicable. All returns must be sent via EMS, or any other courier that issues a tracking or registered control number. Before returns are shipped back to Japanpa, we must be contacted for acceptance.
Products: Japanpa's policy is one of ongoing product update and revision. Japanpa may revise and discontinue products at any time. Japanpa will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building Japanpa products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. Using the technology available to Japanpa, Japanpa has tried it's best to ensure that the thumbnail images of the item(s) materially resemble the item(s) delivered to the Customer. Due to differences in monitors and variance in resolution setting, the color seen on screen may not be the exact color of the item(s). However, due to limitations beyond Japanpa's control, Japanpa is not responsible for any differences or non-conformity of the item(s) delivered to the Customer as compared to the images of the item(s) as shown on the Site.
Compatibility: Japanpa strongly urges the Customer to check compatibility before ordering products. If an item is returned due to incompatibility, Japanpa is unable to replace the item.
Limitation of Liability: Japanpa DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. Japanpa WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Japanpa IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE EURO AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Service and Support: Japanpa endeavors to provide the best customer and technical (email only) support in the Japan video game industry. For end-user Customers, Japanpa promises that its support people will attempt to handle over email and other given support methods any problem involving Japanpa products. However, Japanpa's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Japanpa has no obligation to provide service or support until Japanpa has received full payment for the product or service/support contract for which service or support is requested. Japanpa does not provide any support for product purchased via other websites.
All Prices are subject to change without notice.
Headings: The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
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